NOR AZLINA ABDUL AZIZ vs EXPERT PROJECT MANAGEMENT SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2635

COURT OF APPEAL PUTRAJAYA
NOR AZLINA ABDUL AZIZ – Appellant
Versus
EXPERT PROJECT MANAGEMENT SDN BHD – Respondent

Table of Content
1. the appeal addresses the high court's dismissal of the plaintiff's claim. (Para 1 , 2)
2. relevant facts related to the agreement and construction obligations. (Para 3 , 4 , 5 , 6 , 7)
3. noteworthy developments in the plaintiff's communication with the defendant. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. high court ruled the agreement was not automatically terminated despite delays. (Para 16 , 17 , 19)
5. the high court's misapplication of contract law principles. (Para 18 , 23 , 25)
6. court identified misdirection in the trial judge's understanding of the agreement. (Para 21 , 22 , 24)
7. contract automatically terminated if conditions precedent not met within specified period. (Para 28 , 29)
8. appeal allowed; court ruled contract terminated and ordered compliance with agreed terms. (Para 30)

[1] This is an appeal against the decision of the High Court at Kuala Lumpur delivered on 30 October 2015 after a full trial. The High Court had dismissed the appellant's claim and allowed the respondent's counterclaim with special damages in the sum of RM1,194,257.02, general damages in the sum of RM2,000,000.00, refund of a deposit of RM200,000.00 and costs of RM30,000.00.

[2] This a

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2017 MarsdenLR 2635

COURT OF APPEAL PUTRAJAYANOR AZLINA ABDUL AZIZ – AppellantVersusEXPERT PROJECT MANAGEMENT SDN BHD – Respondent

Cases Referred (4)

COURT OF APPEAL PUTRAJAYA
NOR AZLINA ABDUL AZIZ – Appellant
Versus
EXPERT PROJECT MANAGEMENT SDN BHD – Respondent